Evidence that treating people with HIV early in infection prevents transmission to sexual partners has reframed HIV prevention paradigms. The resulting emphasis on HIV testing as part of prevention strategies has rekindled the debate as to whether laws that criminalise HIV transmission are counterproductive to the human rights-based public health response. It also raises normative questions about what constitutes ‘safe(r) sex’ if a person with HIV has undetectable viral load, which has significant implications for sexual practice and health promotion. This paper discusses a recent high-profile Australian case where HIV transmission or exposure has been prosecuted, and considers how the interpretation of law in these instances impacts on HIV prevention paradigms. In addition, we consider the implications of an evolving medical understanding of HIV transmission, and particularly the ability to determine infectiousness through viral load tests, for laws that relate to HIV exposure (as distinct from transmission) offences. We conclude that defensible laws must relate to appreciable risk. Given the evidence that the transmissibility of HIV is reduced to negligible level where viral load is suppressed, this needs to be recognised in the framing, implementation and enforcement of the law. In addition, normative concepts of ‘safe(r) sex’ need to be expanded to include sex that is ‘protected’ by means of the positive person being virally suppressed. In jurisdictions where use of a condom has previously mitigated the duty of the person with HIV to disclose to a partner, this might logically also apply to sex that is ‘protected’ by undetectable viral load.
Australia: Academic article explores the prevention impact of treatment on criminal 'exposure' laws and prosecutions
News curated from other sources
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US: New report from the Williams Institute examines the enforcement of Indiana’s HIV-related criminal donation laws
Enforcement of HIV Criminalization in Indiana: Donation Laws
July 23, 2024
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US: Sex workers convicted of aggravated prostitution because of their HIV status to be removed from Sex Offender Registry
Tennessee agrees to remove sex workers with HIV from sex offender registry
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Malaysia: Latest attempt to amend the Prevention and Control of Infectious Diseases Act retains many of its controversial provisions
Act 342 Amendment Bill Treats Infection Like A Criminal Offence
July 16, 2024
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US: New HIV criminalisation law goes into effect in Tennessee
CHLP denounces new law in Tennessee that further criminalizes people living with HIV
July 3, 2024
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US: CHLP and Oklahoma advocates successfully oppose sweeping STI criminalisation Bill
STI Criminalization Bill stopped in Oklahoma
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News by the HIV Justice Network
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Meet HJN at AIDS 2024
July 16, 2024
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